Allahabad High Court
VIJAY BAHADUR SINGH AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The Court directed the Sub‑Divisional Magistrate to decide the pending declaratory suit within one year, thereby granting the writ of mandamus.
Summary
The petitioners filed a writ petition under Article 226 seeking a direction in the nature of mandamus directing the Sub‑Divisional Magistrate (Respondent No.2) to decide a declaratory suit (T201917650102907 of 2019) that had been pending since 2019 despite multiple dates being fixed. The petitioners argued that the continued delay served no useful purpose and that the suit should be decided expeditiously. The Court examined the petition and found that the writ jurisdiction could be exercised to compel a public authority to perform its statutory duty of hearing and disposing of a pending suit. Accordingly, the Court disposed of the writ petition and issued a direction to the magistrate to decide the suit within one year of the order, after hearing the parties and allowing them a reasonable opportunity to lead evidence, provided no other legal impediment exists. The order was signed by the Hon’ble Justice Manish Kumar Nigam.
Issues considered
- Whether a writ of mandamus can be issued to compel a Sub‑Divisional Magistrate to decide a pending civil suit.
- Whether the writ petition is maintainable for the purpose of expediting the disposal of the suit.
Subjects
- writ petition
- mandamus
- expeditious disposal
- declaratory suit
- judicial delay
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 15418 of 2026
Vijay Bahadur Singh And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ravi Shanker Tiwari
Counsel for Respondent(s) : C.S.C., Pankaj Kumar Gupta
Court No. - 36
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the petitioners and perused the record.
2. The instant writ petition has been filed for following relief:
" issue a writ order or direction in the nature of Mandamus commanding directing to
the Res No.2 (Sub-Divisional Magistrate, Tahasil Dhanghata, District Sant Kabeer
Nagar) Decide the Declaratory Suit No. T201917650102907 of 2019 Hari Singh &
Ors. Vs Sambhu Nath & Ors. of petitioners within a stipulated period."
3. Contention of the learned counsel for the petitioners is that aforementioned suit is
pending since 2019 and the same has not been decided despite several dates have been
fixed. He prayed that the same may be decided, expeditiously.
4. In view of above, no useful purpose would be served in keeping this petition
pending.
5. Accordingly, the present petition stands disposed of finally with a direction to
respondent No. 2 to consider and decide the aforementioned suit, in accordance with
law, expeditiously, preferably, within a period of one year from the date of production
of a certified copy of this order, after hearing all the concerned parties and giving a
reasonable opportunity of leading evidence in respect of their case provided there is no
other legal impediment.
April 23, 2026
Nitika Sri.
(Manish Kumar Nigam,J.)
Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad
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